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UVA and Transparency

My piece in Sunday’s Richmond Times-Dispatch addressing the University of Virginia’s troubling behavior — cynically styled by the press as really signalling troubling behavior by VA Attorney General Ken Cuccinelli — is here.

I know, you’re wondering why, for possibly the first time in the few weeks since it came out I haven’t plugged this, given the vote to block EPA coming up in the Senate as soon as this week? Next time, I promise.

View all comments (17) |

Tom Osterman| 5.23.10 @ 2:00PM

Two thoughts:
First, stonewalling is standard operating procedure for the Left when faced with inquiries that could lead to embarrassing if not damaging consequences. And not just stonewalling: the attacks on Cuccinelli are the second part of the defense, attempting to gloss over the fact that his request is both legal and legitimate.
Second, and more disturbing, is the possibility that U.Va. and its allies in the media think that they can get away with it. Are they right?

MikeN| 5.23.10 @ 3:38PM

The chance of Cuccinelli finding anything of interest are pretty close to zero. The fraud statute doesn't cover scientific details, which the AG's office is not competent to judge anyway. There isn't much evidence to suggest that Mann was making up his studies, or wasn't conducting them, or filing improper grant requests, so what do you expect the AG to find?

JC.Eaton| 5.23.10 @ 3:49PM

Gee Mike, I don't know. The question becomes: if you're so perspicuous and conclusive in your analysis, why does UVA have such tight jaws complying with a clear, straightforward statute? If the AG doesn't have any one competent scientifically to judge the fruits of his search, do you think he might find a couple experts to do the scientific heavy lifting? Tweezer.

DrTomVoter| 5.23.10 @ 9:02PM

And then, MikeN proves Tom Osterman's point: "...second part of the defense, attempting to gloss over the fact that his request is both legal and legitimate."

MikeN| 5.23.10 @ 11:09PM

The university should cooperate. But you guys are deceiving yourselves in thinking this will amount to anything. Steve McIntyre is on record opposed to this investigation, and even did some investigation as to what they might investigate. The papers at issue are not even controversial.
Plus, the statute in question has to do with poor accounting and the like, not scientific malfeasance.
In addition, you can check Tom Fuller's articles where he asked some questions of what they are investigating. Their responses convinced me that the investigation is off base.

DAC| 5.24.10 @ 9:26AM

MikeN: is the University of Virginia funded by the tax dollars of Virginians? Answer: yes. Did Virginia taxpayers elect those at UVA who are hiding the ball here? Answer: no. Did Virginia taxpayers elect Ken Cuccinelli? Answer: yes, by a pretty good margin. Atty Gen Cuccinelli is doing his job. UVA's ivory tower brahmins believe they are above the law and above accountability for the garbage that VA taxpayers fund. They aren't. If there's nothing to hide, then the investigation will have been nothing more than a useful exercise in reminding the elitist, condescending bastards at UVA to whom they are properly accountable. If there are things the UVA tools want hidden (which is virtually certain, see, e.g., Penn State and Michael Mann), then the investigation will be even more enlightening. Go back to reading "Earth in the Balance" and Gramsci and stop obfuscating against the legitimate exercise of the Atty Gen's powers.

UVA Grad| 5.24.10 @ 9:51AM

The data were destroyed? Backups are made to tape and sent somewhere for storage. Everything gets backed up nowadays. Why is GreenPeace silent?
Shameful behavior from "The University." I stopped giving when I heard they were discriminating against Catholics during the applicant interview process and I have no regrets!

MikeN| 5.24.10 @ 11:44AM

Perhaps you should familiarize yourself with the law that the AG is enforcing. Then try and see if this is related to the investigation. Just saying 'Fraud' and the title Fraud Against Taxpayers Act isn't good enough. The Fraud being referred to in the law is of a different sort, and really doesn't apply to issues of not releasing data, or hiding the decline, or other scientific matters, which themselves are not at issue in the papers that Mann wrote while at Virginia.
If you can find another law for oversight of UVA, that would be a better avenue, than trying to use the FATA.
A note to Thomas Fuller of the SF Examiner confirmed that the AG's office was pursuing the line of scientific fraud revealed by ClimateGate, which confirms to me that even this fishing expedition is in the wrong water. If they were at least basing this investigation on ClimateGate e-mails which referred to tax dodging or gaming the grantmaking process, thenthey would have a case for reasonableness.

DAC| 5.24.10 @ 1:15PM

MikeN:
Let's see if I can summarize your "argument." Because you don't think this law applies to the UVA stonewallers, then it doesn't, because it doesn't explicitly say it does. Surely your opinion carries more weight than that of the AG of the Commonwealth of Virginia, or any judge that might decide for himself.
Also love the authoritative evidence you cite in support, a "note" to a San Francisco newspaper. That ought to hold up the UVA eco-commies' argument in court--see, people in San Francisco say it's a witchhunt, so it must be! Right?
Much like your Dear Leader, your attempt to couch radicalisms in language that's oh-so-reasonable no longer persuades; most folks (too late) realize that soothing language from the likes of you covers your desire to ruthlessly stamp out any dissent against your agendas.
Unfortunately for you, your side lost in the election for Virginia AG. And believe me, Ken Cuccinelli is going to do his job--you and your ivory tower radicals' excuses, shams, and obfuscation notwithstanding.
One other thing--per one of the other comments above--the stinking hypocrisy of UVA's position:

(from National Review Online:) There is one other disturbing aspect of the university’s telegraphed challenge. That is the double-standard and seemingly malicious treatment to which it subjects academics less politically correct than Dr. Mann.

Consider former Mann colleague Dr. Pat Michaels, who as a research professor of environmental sciences drew great political and academic wrath by challenging the same political and policy agenda that Mann champions.

In stark contrast to Mann’s case, UVa has told Michaels it is preparing to provide his records and e-mails to Greenpeace under the Freedom of Information Act. The establishment reaction? Silence.

Oddly, UVa informed Del. Bob Marshall that he could not similarly have Mann’s records, claiming they were destroyed by virtue of Mann having departed the university.

Of course, so had Michaels. Both were in the same department. Yet Michaels’ records remain, and are on their way to Greenpeace. A university FOIA official explained to Michaels that some peoples’ records are treated differently.

Indeed. The university needs to self-correct, and faithfully and evenly follow all laws.

More Blog Posts by Chris Horner

http://spectator.org/blog/2010/05/23/uva-and-transparency

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